Be Careful or Computers and Social Media May Destroy Your Texas Divorce Case

Posted on Feb 23, 2017 9:42am PST

Social media, computers, and cell phones have become very prominent in Texas divorce cases. This is largely because they are a great source of evidence. It is not uncommon for potential divorce consult to show up with large stacks papers they have printed of conversations they have had with their spouse via:

Text messages or

Things posted on Facebook

This might tempt you to delete, destroy, or edit some electronic conversations you have had. This would be a very bad idea and some cases may even be harmful. In today’s blog post we discuss somethings you should be aware of if you are contemplating a divorce or currently going through a divorce.

Cell Phones

Text messages are one of the most common forms of electronic evidence in Texas divorce cases. It is quite common for spouses to send each other text messages when they are upset with each other. Often the person sending the message has not thought out what they are saying or thinking about how what they say would look to a judge. Often the things said in these messages can be embarrassing as well as damaging to the person’s case if it was ever entered as evidence.

Therefor be very careful when texting your spouse. If you do not want a judge or a jury to see what you have written, do not write it. Be careful where you leave your phone especially if you have not locked it with a password. It is probably a good idea to change your password if you have one to something you have not used previously not only on your cell phone but on all electronic devices you use.

Cell phone records can be a great source of information to establish a relationship between your spouse and someone else. If you look at your cell phone statement you can see who your spouse frequently calls or texts. This person may be listed under someone else’s name in the phone itself maybe of the opposite gender.

If you see a number that your spouse calls frequently on the phone statement, then you can try and look the number up on the internet through a reverse phone directory. Be careful using your phone if you plan to call these numbers:

May alert the other person that you may on to them

You may not want to have your phone linked to that place or person called

This may be avoidable by using a prepaid phone dedicated to this type of investigative activity.

GPS location services can also be a great source of information. This something you will want to be very careful on using because it can be easy to cross criminal lines. It is best to avoid anything that could be questionable. For, example:

if your spouse has their own phone plan or has taken measure to keep you from seeing their activity on a shared plan do not break into their device.

Do not place recording devices or apps on their phone

You can in Texas record conversations that are actually a participant. Something to be aware of is that your phone records your GPS location. It would be a good idea to learn how to deactivate this tracking. You can find this out by calling your provider or stopping by one of their stores.

Computers and Email

Emails are the second most frequently used source of electronic evidence that I see in divorce cases. Email is often more thought out than text messages it is still often a goldmine of damaging information.

As with other types of electronic communications you need to be careful on how you obtain it in order to avoid criminal prosecution. There can Federal and State laws that you can easily cross. It is best to avoid taking any actions that could be considered questionable. Do not:

Intercept your spouse’s emails

Hack their email account

You should be careful to protect your own email communications and be careful what websites you visit. Erasing things on a computer does not necessarily mean they are gone. It is possibly they may be recoverable by a computer tech.

There are all kinds of computer programs that can track everything you have done or visited on a computer. You may not even be aware that it is taking place or installed. It is best not to use any shared computers, phones, or other electronic devices with your spouse.

Social Media

One of the newer forms of electronic evidence is social media. This has been a goldmine of prejudicial evidence. Facebook has been a great source of finding damaging photos of:

Drug Use

Gang affiliation

Child abuse

Girlfriends or boyfriends etc.

Facebook is also helpful of finding out locations and dates for these activities. A helpful suggestion regarding the use of Facebook during a Texas Divorce would be:

Do not make harmful statements

Take or post any questionable photos

Do not make your social media accounts open to the public

Adjust your privacy settings and remove “friends” you do not want to see your postings

Even better avoid using social media all together while the divorce is ongoing

Dating Sights

Just because your separated does not mean it is not adultery. That said it might be good to check dating sites to see if your spouse has any accounts set up. This has been one way several of my clients have found out whether or not their spouse was on such sites.

Law Office of Bryan Fagan | Spring Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.